Identifier
Created
Classification
Origin
05YEREVAN1290
2005-07-19 12:53:00
CONFIDENTIAL
Embassy Yerevan
Cable title:  

ARMENIAN CONSTITUTIONAL REFORMS: ON THE RIGHT

Tags:  PREL 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.

191253Z Jul 05
C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 001290 

SIPDIS

DEPT FOR EUR/CACEN, DRL
NSC FOR DAVID MERKEL

E.O. 12958: DECL: 07/19/2015
TAGS: PREL PGOV AM
SUBJECT: ARMENIAN CONSTITUTIONAL REFORMS: ON THE RIGHT
TRACK?

REF: YEREVAN 1142

Classified By: CDA A.F. Godfrey for reasons 1.4 (b, d).

-------
SUMMARY
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C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 001290

SIPDIS

DEPT FOR EUR/CACEN, DRL
NSC FOR DAVID MERKEL

E.O. 12958: DECL: 07/19/2015
TAGS: PREL PGOV AM
SUBJECT: ARMENIAN CONSTITUTIONAL REFORMS: ON THE RIGHT
TRACK?

REF: YEREVAN 1142

Classified By: CDA A.F. Godfrey for reasons 1.4 (b, d).

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


1. (C) On July 7, the GOAM submitted a revised package of
constitutional amendments to the Council of Europe (CoE)
Venice Commission. Though the proposed GOAM revisions appear
to track Venice Commission recommendations, they are unlikely
to build public consensus. Opposition groups, still trying
to paint the constitutional reform process as a referendum on
the Kocharian Administration, claim the changes do little to
curb the Armenian president's powers. Limited public
engagement and unrealistically high legal requirements for
voter turnout in referenda threaten to derail the process.
Angered President Robert Kocharian, in an apparent 'take it
or leave it' bid to force the opposition's hand, has
reportedly withdrawn his support for the amendments. The
Venice Commission plans to announce the results of its
evaluation on July 20. The Embassy is supporting a modest
public information campaign to build understanding of the
reform process, but interest is still weak. End Summary.

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LACK OF PUBLIC SUPPORT THREATENS TO DERAIL AMENDMENTS
-------------- --------------


2. (SBU) On July 7, the GOAM submitted a revised package of
constitutional amendments to the Council of Europe (CoE)
Venice Commission. The governing coalition refused to
release the full text of the amendments, and instead
distributed to opposition members a summary document which
includes changes relevant to Venice Commission
recommendations only. Post has reviewed the summary document
which, we believe, generally tracks Venice Commission
recommendations. The Venice Commission plans to announce the
results of its evaluation of the full text of the amendments
on July 20.


3. (SBU) Though the proposed GOAM revisions generally track
Venice Commission recommendations, opposition party leaders
publicly question Kocharian's commitment to reform, claiming
the amendments would not do enough to decentralize executive
powers. Waning public interest and unrealistically high
legal thresholds for voter participation present substantial

challenges to the GOAM's effort to pass the amendments by
referendum. The Embassy seeks to build understanding of the
reform process through a modest public information campaign,
but interest is still weak.

-------------- --------------
OPPOSITION PAINTING PROCESS AS REFERENDUM ON KOCHARIAN
-------------- --------------


4. (C) Privately, opposition Justice Party member Shavarsh
Kocharyan told the Ambassador that Vartan Poghosyan and Hrayr
Tovmasyan, opposition-affiliated constitutional law
attorneys, actually drafted the GOAM's proposed
constitutional amendments. Publicly, however, Shavarsh
Kocharyan says the revisions "do not go far enough" to
decentralize executive powers. Republic Party leader Aram
Sargsyan announced his opposition to the amendments and, like
Kocharyan, says his party will not negotiate with the ruling
coalition. Both party leaders claim that the GOAM will be
unable to pass a referendum without their support.

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SENIOR LEADERSHIP HOLDING BACK
--------------


5. (C) Shavarsh Kocharyan told the Ambassador that COE
delegates Armen Harutyunyan, Justice Minister David
Harutyunyan, NA Deputy Chairman Tigran Torosian, and
opposition-affiliated constitutional law expert Vartan
Pogosyan incorrectly advised GOAM President Robert Kocharian
that opposition leaders would welcome revisions to the draft
GOAM amendments. When confronted with intense criticism
instead, an angry President Kocharian reportedly withdrew his
support for the amendments.

-------------- --------------
COMMENT: ON THE RIGHT TRACK, BUT OPPOSITION SUPPORT NEEDED
-------------- --------------


6. (C) Though the GOAM's proposed revisions appear to track
Venice Commission recommendations, limited public support and
unrealistically high voter participation thresholds
significantly complicate GOAM efforts to amend the
constitution. For a referendum to pass, President Kocharian
will likely need opposition support. At present, the
opposition says it is unwilling to participate. Though
publicly critical of the amendments, opposition party leaders
privately confide the changes are positive. Still,
opposition leaders hope to hold constitutional reform hostage
to their own political aspirations, including a high-profile
political victory over Kocharian.


7. (C) We are pressing all of Armenia's political leaders to
engage with the Venice Commission on the constitutional
reform process. In a series of meetings with opposition
leaders, the Ambassador urged them to not let this
opportunity slip by. While there are indications that some
may recognize that improving the rules of the game benefits
them and are quietly engaging with coalition drafters, they
remain unwilling to take the political risk of engaging
publicly.
GODFREY