ARMENIA: PRESIDENT APPROVES AMENDMENTS TO LAW ON

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